Can You Sue a Gym for Faulty Equipment?

Americans love the gym. Whether we miss the activity and exercise from recess and gym class in school or we’re wistful for the waistline from our younger days, millions of us are spending millions of hours in the gym and millions of dollars on gym memberships. And we expect that gyms will show the same dedication to their equipment — buying the best and maintaining equipment in the best condition. But what happens when that doesn’t happen? Are gyms liable for injuries caused by faulty equipment? Waive Goodbye? Like any other business, gyms have a duty to keep their patrons safe. But, when it comes to lawsuits regarding a gym’s equipment, that liability can be complicated by a couple of factors. The first hurdle to a lawsuit may be a liability waiver, if you signed one. Many, if not all gyms require members to waive injury liability, and whether that waiver will prevent you from filing an injury lawsuit will depend on the terms of the agreement. Some liability waivers only bar lawsuits based on gym or employee negligence, and are generally upheld in court. Other waivers attempt to provide total immunity for gyms, but can be found unenforceable if they’re too broad. A gym’s waiver may attempt to limit liability for equipment-related injuries, but may not cover instances where the gym failed to maintain the equipment properly, or knew the equipment was faulty and failed to fix it. Gym Defects Certain equipment, like treadmills, can be inherently dangerous. And some equipment may have been designed or manufactured poorly or lack adequate warnings regarding its proper use. Gym equipment manufacturers have a duty to ensure their products are safe, and may be strictly liable if a person is injured using on their product. Product liability claims against gym equipment manufacturers can be based on: Defects in Design: The gym equipment’s design is flawed making it unreasonably dangerous to users; Defects in Manufacturing: The equipment was improperly manufactured, dangerously departing from the intended design; or Defects in Warnings: The equipment lacks adequate instructions or warnings, rendering the product unreasonably dangerous. While equipment manufacturers can be liable for defects in their products, gyms may also be liable if they knew the equipment was dangerous and did not fix or remove it. If you’ve been injured at the gym and think a faulty piece of equipment was to blame, contact an experienced personal injury attorney near you. Related Resources: Injured in an accident? Get your claim reviewed by an attorney for free. (Consumer Injury) Top 5 Legal Tips for Gym Injuries (FindLaw’s Injured) Treadmill Accident Leads to Brain Injury Lawsuit (FindLaw’s Injured) Gym-aholics Be Warned: LA Fitness Wins Injury Lawsuit With Liability Waiver (FindLaw’s Injured)

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Getting injured at work is a pretty common occurrence, but what are your legal options if you get hurt? According to a FindLaw.com survey, more than one in five Americans said they've been injured on the job. Workplace injuries not only impact you physically, but it can affect you financially as well. Here are three potential legal options to seek out if you're injured at work: 1. Worker's Compensation In most states, worker's compensation ("worker's comp") covers employees who get injured on the job. The purpose of worker's comp is to provide employees who are injured on the job a way to receive fixed amounts of compensation without having to sue their employers. While it's often available, it's important to check to see if your state's laws, occupation, and employer align to provide you worker's comp. If you do receive worker's compensation, it's unlikely that you'll be able to sue your employer in a separate civil lawsuit. However, even if you file for a worker's compensation claim, you may still bring a lawsuit against a third-party if that individual was responsible for the workplace accident. 2. Disability Workplace disability insurance is another potential option for getting compensation for your workplace injury. Employees who've purchased private disability insurance plans may have their injuries covered even if their employers don't provide coverage. The duration for which employees may be compensated under disability insurance depends on whether the plan is a short term or long term plan. On the other hand, your employer may offer a disability insurance plan. Many of these benefits are regulated by the federal government and come with complex regulations that dictate exactly how claims should be filed and received. Errors in filing could lead to a denial of your claim, but you have the option to appeal the denial. While it's not necessary, you might want to have an ERISA lawyer help you file your claim to avoid missing any steps. 3. Sue the Employer If your job isn't covered by worker's compensation or other restrictions, you may sue your employer for your workplace injuries. Depending on the nature of your injury and how it occurred, there are several possible legal avenues for recovery. For example, if you slip and fall at work because your employer failed to clean up a spill or put up a warning sign, you may be able to sue them under premises liability law. Workplace injuries can be painful and keep you out of the office for a period of time. So if you're unsure how to recover damages for your injury, talk to a personal injury attorney in your area to get started. Related Resources: What Are the 7 Most Common Workplace Injuries? (FindLaw's Law and Daily Life) Legal How-To: Filing a Workers' Comp Claim (FindLaw's Law and Daily Life) Do You Need a Lawyer for a Workers' Comp Case? (FindLaw's Injured) 4 Potential Ways to Prove Employer Negligence (FindLaw's Injured)

A jury has found James Holmes guilty in killing 12 people and wounding 58 others. Holmes opened fire on a crowd during a showing of The Dark Knight in an Aurora, Colorado movie theater in 2012. The jury, selected from 9,000 possible candidates and short four members who had previously been dismissed, came to the verdict after just over a day of deliberation. The jury also found Holmes guilty of attempted murder and assorted weapons charges. Jury Found the Insanity Defense Unconvincing Holmes had argued that he was insane at the time of the shooting, and it was up to the state to prove he knew the nature of the crime and could distinguish between right and wrong at the time the crime was committed. By finding Holmes guilty on all first degree murder and murder with extreme indifference charges, the jury clearly found his insanity defense unconvincing. Holmes' psychiatrist also came under fire after the shooting, and was criticized for not adequately warning law enforcement regarding Holmes' violent inclinations. Will James Holmes Face the Death Penalty? While capital punishment is available in Colorado, the state has only executed one person in the last 37 years. In this case, however, prosecutors sought the death penalty and now that Holmes has been found guilty, the court will move on to the penalty phase of his trial. During the penalty phase, attorneys from both sides will present evidence as to the proper punishment. Like Dzhokhar Tsarnaev before him, Holmes will be arguing against the death penalty and will likely put his mental state at issue again. If he is not given the death penalty, he will likely be sentenced to life in prison. There are currently three people on death row in Colorado, including Nathan Dunlap, who was convicted of murdering four people at a Chuck E. Cheese in 1994. Related Resources: James Holmes Found Guilty of Murder in Aurora Theater Shooting Trial (ABC News) 'Dark Knight' Shooting in CO: 12 Dead, 50 Hurt (FindLaw Blotter) For James Holmes, Death Penalty is Far from a Certainty (FindLaw Blotter) Death Row Appeals: Rights and Limitations (FindLaw Blotter)

For low-income families, access to child care can be crucial. After all, if you can't trust that your child will be cared for while you're at work, you're probably not going to work. But as many parents know, finding affordable child care is a challenge. So there are local, state, and even federal programs in place to help working parents afford day care for their children. While these services can change the lives of low-income families, the subsidies themselves are subject to change. When that happens, parents will often receive what is known as a "Notice of Action," advising them of the change. This can be a scary process, so here is some information on the notices and how to handle them. Don't Panic Subsidy programs may be complicated, with overlapping rules, regulations, and requirements, all of which seem like they can change at any moment. Many parents can become overwhelmed by the bureaucracy of it all, or get lost in a program's details. Just know that a Notice of Action doesn't necessarily mean the end of your child care subsidy, and that you can navigate the subsidy process. Do Appeal You have the right to appeal any change in your child care services. But beware -- the time is short. In most cases, you will only have 14 days to file an appeal, and must do so through a local agency, either a child care provider or a city or county entity. There are generally two levels to the appeals process: a hearing at your local agency, or a letter to the state department of education. Contact information for your local agency to request a hearing can be found on the Notice of Action. Don't Ignore It Not all changes to the child care subsidy require a Notice of Action, so even if you didn't receive a notice, your subsidy could change. If you didn't receive a Notice of Action -- if you were notified regarding a change in your subsidy by phone, for instance -- you can request a notice. Don't wait on a formal document, or think that because you didn't get a notice, your subsidy can't change. Be proactive in the appeals process. Do Seek Help If you have questions about the subsidy appeals process or want help appealing a change to your child care subsidy, there are organizations that can help. And you may want to contact an experienced family law attorney as well. Related Resources: Find Family Law Lawyers Near You (FindLaw's Lawyer Directory) Power of Attorney for Child Care (FindLaw's Law and Daily Life) Be Tax Savvy! Deduct Daycare Expenses (FindLaw's Law and Daily Life) 5 Legal Tips for Choosing a New Daycare (FindLaw's Law and Daily Life)